NEW ZEALAND GOVERNMENT BILL.

Lyttelton Times, Volume II, Issue 96, 6 November 1852, Page 8

NEW ZEALAND GOVERNMENT BILL.

A Bill intituled an Act to grant a Representative

Constitution to the Colony of New Zealand

Whereas by an act of the Session holden in 3rd and 4th years of her Majesty, chapter 62, it was enacted," that it should be lawful for her Majesty, by letters patent, to be from time to time issued under the Great Seal of the United Kingdom, to erect into a separate Colony or Colonies any islands which then were or which thereafter might be comprised within and he dependencies'of the Colony of New South Wales; and whereas, in pursuance of the powers in her vested by the said act, her Majesty did, by certain letters patent under the Great Seal of the United Kingdom, bearing date the 16th day of November in the 4th year of her reign, erect into a separate Colony the islands of New Zealand, theretofore comprised within or dependencies of the Colony of New South Wales, bounded as therein described,and the said Islands of New Zealand were thereby erected into a separate Colony accordingly; and her Majesty did bythesaid letters patent authorize the Governor for the time being of the said Colony of New Zealand and certain other persons to be a Legislative Council for such Colony, and to make laws for the peace, order, and good government thereof; and whereas by an act of the Session holden in the 9th and 10th years of her Majesty, chapter 103, the act firstly herein recited, and all charters, letters patent, instructions, and orders in council made and issued in pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the act now in recital, or any letters patent, charters, orders in council, or royal instructions to be issued under the authoritp thereof; and by the act now in recital certain powers for the government cf the said islands were vested in her Majesty, to be executed by letters patent under the great Seal of the United Kingdom, or by instructions under her Majesty's signet and sign manual, approved in Her Privy Council, and accompanying or referred to in such letteis patent; and whereas, in pursuance of the said last-mentioned act, her Majesty did, by letters patent bearing date at Westminster the 23rd day of December, in. the 10th year of her reign, and by certain instructions made and approved as required by such act, and bearing even date with and accompanying the said letters patent, execute certain of the powers by such act vested in her Majesty for the better government of the said islands ; and whereas by an act of the Session holden in the lltl. and 12th years of her Majesty, chapter 5, so much of the said act secondly herein recited, and the said letters patent and instructions issued in pursuance thereof, as relates to the constitution and establishment of two or more separate Assemblies within the said islands, and of a General Assembly in and for the said islands, was suspended for five years, unless her Majesty, with the advice of Her Privy Council, should directthe same to be carried into effect before the expiration of that period ; and by the act now in recital the said firstly-recited act, letters patent, and instructions were revived for the time during which the said secondly-recited act, letters patent, and instructions were suspended as aforesaid ; and by the act now in recital certain powers were vested respectively in the Governor-in-Chief of the said islands and in such Governor and the Legislative Council thereof; and whereas it is expedient that further and better provision should be made for the Government of New Zealand ; be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of - the same as follows :—-

I. Repeal of Recited Acts, fyc. The said acts, and all charters, letters-patent, instructions, and orders in council issued in pitrsance thereof, shall be and the same are hereby repealed, so far as the same are repugnant to or would prevent or interfere with the operation of this act, or any letters patent or instructions to be issued under the authority or in pursuance of this act; provided nevertheless, that till laws and ordinances made and acts done under and in pursuance of the said recited acts, and any charters, letters patent, instructions, or orders in council issued in pursuance thereof, shall continue as lawful, valid, and effectual as if this act had been passed, save so far as any such laws, ordinances, or acts may be repugnant to or would prevent or interfere with the operation of this act; provided ?Jso, that, until the expiration of the time or latest of the times appointed for the return of

writs for the first Election of Members of the Provincial Councils of the Provinces established by this act, the existing Provincial Legislative Councils shall continue to have and exercise all rightsjurisdiction, powers, and authorities which they would have had if this act had not been passed ; and until the expiration of the time appointed for the return of the writs for the first Election of the Members of the House of Representatives to be constituted under this act, the Legislative Council of New Zealand shall continue to have and exercise all rights, jurisdiction, powers, and authorities which such Legislative Council would have had if this act had not been passed.

11. Certain Provinces Established in New Zealand. The following Provinces are hereby established in New Zealand ; namely, Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago ; and the limits of such several ■Provinces shall be fixed by proclamation by the Governor as soon as conveniently may be after the proclamation of this act in New Zealand.

111. Each Province to have a Superintendent and Council, For each of the said Provinces hereby established, and for every province hereafter to be established as hereinafter provided, there shall he a Superintendent and a Provincial Council, and the Provincial Council of each of the said Provinces hereby established shall consist of such number of members, not less than nine, as the Governor shall by proclamation direct and appoint.

IV. Before Elections of Members of Provincial Councils, Superintendents of Provinces to be Chosen. Upon or before the issue of Writs for the first Election of Members of the Provincial Council for any Province established by or under this act, the persons duly qualified in each of the said Provinces to elect Members for the Provincial Councils as hereinafter mentioned shall elect a Superintendent of such Province ; and on the termination of such Council by expiration of the period hereinafter fixed for its continuance, or by the previous dissolution thereof, the persons qualified as aforesaid shall elect the same or some other person to be Superintendent, and so on from time to time; and every such Superintendent shall hold his office until the election of his successor: provided always that it shall be lawful for the Governor of New Zealand, on behalf of her Majesty, to disallow any such election ; and if such, disallowance be signified by the Governor, under the seal of New Zealand, to the Speaker of such Council, at any time within three months after such election,the office of Superintendent shall become vacant ; and on any vacancy occasioned by such disallowance, or by the death or resignation of the Superintendent (such resignation being accepted by the Governor on behalf of her Majesty), a new election shall in like manner take place ; provided farther, that at any time during the continuance of the office of any such Superintendent it shall be lawful for her Majesty to remove him from such office, on receiving'an Address signed by the majority of the members of such Provincial Council praying for such removal; and thereupon the like proceedings shall be had as in the case, of any such vacancy as above mentioned.

V. Governor may appoint Electoral Districts, &c. It shall be lawful for the Governor, by proclamation, to constitute within each of the said Provinces hereby established convenient Electoral Districts for the election of Members of the Provincial Council, and of the Superintendent, and to appoint and declare the number of members to be elected for each such district for the Provincial Council, and to make provision for the Registration and Revision of Lists of all Persons qualified to vote at the Elections to be holden within such districts; and for the appointing of Returning Officers, and for issuing, executing, and returning the necessary Writs for such Elections, and for taking the poll thereat, and for determining the validity of all disputed returns, and otherwise for ensuring the orderly, effective, and impartial conduct of such Elections ; and in determining the number and extent of such Electoral Districts/and the number of members to be elected for each district, regard shall be had to the number of electors within the same, so that the number of members to bo assigned to any one district may bear to the whole number of the members of the said Council, as nearly as may be, the same proportion as the number of electors within such district shall bear to the whole number of electors Within the limits of the Province.

VI. Qualification of Members. Every person within any Province hereby established or here-

after to be established who shall he legally qualified ;is an Elector, and duly registered as such shall be qualified'to be elected a member of the Provincial Council thereof, or to be elected Superintendent thereof; provided always, that it shall not be necessary that he reside or possess the qualification in the particular district for which he may be elected to serve as a Member.

VII. Qualification of Voters. The members of every such Council shall 'he chosen by the votes of the inhabitants of the province who may be qualified as hereinafter mentioned ; that is to say, every man of the age of twenty-one years or upwards having a freehold estate in possession situate within the district for which the vote is to be given of the clear value of fifty pounds above all charges and incumbrances, and of or to which he litis been seised or entitled, either at law or in equity, for at least six calandarmonths next, before the last registration of electors, or having a leasehold estate in possession situate within such district, of the clear annual value of ten pounds, held upon a lease which at the time of such registration shall have not less than three years to run, or having a leasehold estate so situate,and of such value as aforesaid, of which he has been in possession for three years or upwards next before such registration, or being a householder within such district occupying a tenement within the limits of a town (to he proclaimed as such by the Governor for the purposes of this Act) of the clear annual value of ten pounds, or without the limits of a town of the clear annual value of five pounds, and having resided therein six calendar months next before such registration as aforesaid, shall, if duly registered, be entitled to vote at the election of a member or members for the district.

VIII. Aliens, and persons convicted of certain offences, disqualified. Provided always, that no person shall be entitled to vote at any such election who is an alien, or who at any time theretofore shall have been attainted or convicted of any treason, felony, or infamous offence within any part of her Majesty's dominions, unless he shall have received a free pardon, or shall have undergone the sentence or punishment to which he shall have been adjudged for such offence.

IX. Members may resign their seats. It shall be lawful for any member of any Provincial Council, by writing under his hand, addressed to the Superintendent of the province, to resign his seat in the said Council; and upon the receipt by the Superintendent of such resignation the seat of such member shall become vacant-

X. In certain cases seats to become void. If any member of any Provincial Council shall for two successive sessions of such Council fail to give his attendance therein, or shall become bankrupt, or shall become tin insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous offence, his seat in such Council shall thereupon become vacant. XL Determinations of questions as to Vacancies. Any question which shall arise respecting any vacancy in a Provincial Council on occasion of any of the matters aforesaid shall be heard and determined by such Council, on such question being referred to them lor that purpose by the Superintendent of the province, and not otherwise.

XII. Issue of Writs for supplying vacancies. Whenever it shall be established to the satisfaction of the Superintendent that the seat of any member of the Provincial Council has become vacant, the Superintendent shall forthwith issue a writ for the election of a new member to serve in the place so vacated, during the remainder of the term of the continuance of such Council, and no longer.

XIII. Duration of Provincial Council. Dissolution. Every Provincial Council shall continue for the period of four years from the day of the return of the writs for choosing the same, and no longer; provided always, that it shall be lawful for the Governor, by proclamation or otherwise, sooner to dissolve the same, whenever he shall deem it expedient so to do. XIV. When Writs are to issue. The Governor shall cause the'first writs for the election of members of the Provincial Council of every province hereby established to he issued at some time not later than six calendar months next after the proclamation of this act in New Zealand ; and upon the expiration of the said period of the continuance of any Provincial Council, or upon the previous dissolution thereof.

the Governor shall cause writs to be issued for the election of members of the ensuing Council.

XV. Convening of Council. It shall be lawful for the Superintendent, by proclamation in the Government Gazette, to fix such place or places within the limits of the province, and such times for holding the first and every other Session of the Provincial Council, as he may think fit, and from time to time, in manner aforesaid, to alter and vary such times and places as he may judge advisable, and most consistent with general convenience.

XVI. Prorogation. It shall be lawful for the Superintendent to prorogue such Council from time to time, whenever he shall deem it expedient so to do. XVII. A Session to be held every year. Provided always, that there shall be a session of every Provincial Council once at least in every year, so that a. greater period than twelve calendar months shall not intervene between the last sitting of the Council in one session, and the first sitting of the Council in the next session. XVIII. Superintendent and Provincial Council may make laws. It shall be lawful for the Superintendent of each province, with the advice and consent of the Provincial Council thereof, to make and ordain all such laws and ordinances (except and subject as hereinafter mentioned) as may be required for the peace, order, and good government of such province, provided that the same be not repugnant to the law of England. XIX. Restrictions on powers of Legislation. It shall not be lawful for the Superintendent and Provincial Council to make or ordain any law or ordinance for any of the purposes hereinafter mentioned; (that is to say,) 1. The imposition or regulation of duties of Customs to be imposed on the importation or exportation of any goods at. any port or place in the province : 2. The establishment or abolition of any Court of judicature of.civil or criminal jurisdiction, except courts for trying and punishing sucb offences as by the law of .New Zealand are or may be made punishable in a summary way, or altering the constitution, jurisdiction, or practice of any such Court, except as aforesaid : 3. Regulating any of the current coin, or the issue of any bills, notes, or other paper currency : 4. Regulating the weights and measures to be used in the province or in any part thereof: 5. Regulating the post offices and the carriage of letters withki the province: 6. Establishing, altering, or repealing laws relating to bankruptcy or insolvency : 7. The erection and maintenance of beacons and lighthouses on the coast: 8. The imposition of any dues or other charges on shipping aA any port or harbour in the province : 9. Regulating marriages. 10. Affecting hinds of the Crown, or Lands to which the title of the aboriginal native owners has never been extinguished : 11. Inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected : 12. Altering in any way the criminal law of New Zealand, except so far as relates to the trial and punishment of such offences as are now or may by the criminal law of New Zealand be punishable in a suirmary way as aforesaid: 13. Regulating:'the course of inheritance of real or personal property, or affecting the law relating to wills. XX. Election of Speaker. Every Provincial Council shall immediately on their first meeting and before proceeding to the despatch of any lr other business, elect one of their members to be the speaker thereof, during the continuance of such Council, which election being confirmed by the Superintendent shall be valid and effectual ; and in case of vacancy in the said office by death, resignation, or otherwise, then and so often as the same shall happen, the election shall be repealed and confirmed as aforesaid. XXI. Speaker to preside. The speaker of each Provincial Council shall preside at the meetings of such Council ; but in his absence some member elected by the Council shall preside. XXII. Quorum, No provincial Council shall he competent to'the despatch of business, unless one-third of the whole number of members be present. XXIII. Qitestions to be determined by majority of votes. All questions which shall rise in any such Council shall be decided by the majority of votes of the members present other than the speaker or presiding member ; but in

all cases wherein the votes shall be equal the speaker or presiding member shall have a casting vote.

XXIV. Standing orders to be adopted. Every Provincial Council at their first meeting, and from time to time afterwards, as occasion may require, shall prepare and adopt such standingrules and orders as may be best adapted for the orderly conduct of the business of such Council, which rules and orders shall be laid before the Superintendent, and being by him approved, shall then become binding and in force. XXV. Appropriation and issue of money. It shall not be lawful for any Provincial Council to pass, or for the Superintendent to assent to, any bill appropriating any money to the public service unless the Superintendent shall first have recommended to the Council to make provision for the specific service to which such money is to be appropriated; and no such money shall be issued or be made issuable, except by warrants to be granted by the Superintendent. XXVI. Superintendent may transmit drafts of laics for consideration of Council. It shall be lawful for the Superintendent to transmit to the Provincial Council, for their consideration, the drafts of any such laws or ordinances as it may appear to him desirable to introduce, and all such drafts shall be taken into consideration in such convenient manner as in and by such rules and orders as aforesaid shall be in that behalf provided. XXVII. Giving or withholding Assent to Bills. Every bill passed by the Provincial Council shall he presented to the superintendent for the Governor's assent, and the superintendent shall declare, according to his discretion, (but subject nevertheless to the provisions herein contained and to such instructions as may from time to time be given him by the Governor,) that he assents to such bill on behalf of the Governor, or that he withholds the assent of the Governor, or that he reserves such bill for the signification of the Governor's pleasure thereon ; provided always, that it shall" and may be lawful for the superintendent, before declaring his pleasure in regard to any bill so presented to him, to make such amendments in such bill as he thinks needful or expedient, and to return such bill with such amendments to such Council, and the consideration of such amendments by such Council shall take place in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided : provided also, that all bills altering or affecting the extent of the several electoral districts which shall be represented in the Provincial Council, or establishing new or other such electoral districts, or altering the number of the members of such Council to be chosen by the said districts respectively, or altering the number of the members of such Council, or altering the limits of any town or establishing any new town, shall be so reserved as aforesaid. XXVIII. Superintendent to transmit to Governor Copies of Bills assented to. Whenever any bill shall have been assented to by the superintendent as aforesaid, the superintendent shall forthwith transmit to the Governor an authentic copy thereof. XXIX. Disallowance of Bills assented to. It shall be lawful for the Governor at any time within three months after any such biil shall have been received by him to declare by proclamation his disallowance of such bill, and such disallowance shall make void and annul the same from and after the day of the date of such proclamation or any subsequent day to be named therein. XXX. Asse?it to Bills received. No bill which shall be reserved for the signification of the assent of the Governor shall have any force or authority within the Province until the superintendent "shall signify either by speech or message to the Provincial Council, or by proclamation in the Government Gazette, that such bill has been laid before the Governor, and that the Governor has assented to the same ; and an entry shall be made in the journals of the Provincial Council of every such speech, message, or proclamation, and a duplicate thereof, duly' attested, shall be delivered to the Registrar of the Supreme Court, or other proper officer, to be kjpt among the records of the province ; and no bill which shall lie so reserved as aforesaid shall have any force or authority within the province unless the assent of the Governor thereto shall have been so signified as aforesaid within three mouths next alter Ithe day on which such bill shall have bc^ii

presented to the superintendent for the Governor's assent.

XXXI. Governor may transmit Instructions to Superintendent as to reserving Bills. It shall be lawful for the Governor from time to time to transmit to the superintendent of any Province, for his guidance in assenting to or withholding assent from bills, or reserving the same for the signification of the Governor's pleasure thereon, such instructions as to the Governor shall seem fit, and it shall be the duty of the superintendent to act in obedience to such instructions. XXXII. Establishment of a General Assembly. There shall be within the colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of Representatives. XXXIII. Appointment of Members of the Legislative Council. For constituting the Legislative Council of New Zealand it shall be lawful for Her Majesty, before the time to he appointed for the first meeting of the General Assembly, by an instrument under Her Royal sign manual, to authorise the Governor in Her Majesty's name to summon to the said Legisr lative Council such persons, being not less in number than ten, as Her Majesty shall think fit; and it shall also be lawful for Her Majesty from time to time in like manner to authorize the Governor to summon to the said Legislative Council such other person or persons as Her Majesty shall think fit, either for supplying any vacancy or vacancies or otherwise., and every person who shall be so summoned shall thereby become a member of the Legislative Council: provided always, that no person shall be summoned to such Legislative Council who shall not be of the full age of twenty-one years, and a natural born subject of Her Majesty, or a subject of Her Majesty naturalized by act of Parliament, or by an act of the Legislature of New Zealand. XXXIV. Legislative Councillors to hold, for Life. Every member of the Legislative Council of New Zealand shall hold his seat therein for the term of his life, subject nevertheless to the provisions hereinafter contained for vacating the same. XXXV. Resignation of Seat in Council. It shall be lawful for any member of the said Legislative Council, by writing under his hand addressed to the Governor, to resign his seat in the said Council, and upon such resignation and acceptance thereof by the Governor the seat of such member shall become vacant. XXXVI. Causes by which Seal may be vacated. If any Legislative Councillor of New Zealand shall for two successive sessions of the General Assembly, without the permission of Her Majesty or of the Governor, signified by the said Governor to the Legislative Council, fail to give his attendance in the said Legislative Council, or shall take any oath or make any declaration or acknowledgment of allegiance, obedience, or adherence to any Foreign prince or power, or shall do, concur in, or adopt any act whereby he may become a subject or citizen of any Foreign state or power, or become entitled to the rights, privileges, or immunities of a subject or citizen of any Foreign state or power, or shall become bankrupt, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, his seat in such Council shall thereby become vacant. XXXVII. Trial of question whether seats are vacated. Any question which shall arise respecting any vacancy in the said Legislative Council on occasion of any of the matters aforesaid shall be referred by the Governor to the said Legislative Council, to be by the said Leirislative'Cour.eil heard and determined: provided always, that it shall be lawful, either for the person respecting whose seat such question shall have arisen, or for her Majesty's Attorney General for New Zealand on her Majesty's behalf, to appeal from the determination of the said Council in such case to her Majesty, and the judgment of her Majfsty given with the advice 'of her privy council thereon shall be final and conclusive" to nil intents and purposes. XXXVIII Appointment of speaker. Ihe Governor shall have power and authority from time to time to appoint one member of the said Legislative Council to be speaker of such Council, and to remove him and appoint another in his stead. {To hf>. fWll.fJ.»M<"7 1

The Sittings for criminal business in the Supreme Court will commence this day, Saturday, at 10 o'clock; and for civil business, on Wednesday next, at 10 o'clock. Common jury cases will be taken first.

The "Tory" arrived at Melbourne on the 27th September, after a passage of 18 days from Wellington. A Passenger from this Settlement writes, " Melbourne is in a state of the greatest confusion imaginable; the streets are crowded with drays, carts, and people, passing and repassing in thousands to and from the Diggings. Large vessels are arriving daily from England with hundreds of people. One large vessel with 800 passengers made the passage in 63 days: another with about 900 passengers in 80 days, and is now in quarantine, having lost 100 passengers through fever. We have heard that there are 100,000 people at the Diggings at the present time, and what is to be the state of things by the end of Summer, God only knows. Some passengers by the " Tory" started at once for the Diggings, and went about 15 miles, when they returned, disgusted with the bad state of the Roads, the had reports of returning diggers, and the prospect of famine before them?; they have made up their minds to return the first opportunity. The Captain is going to lay up the "Tory," and he and his crew are off to the diggings. Since we arrived

flour has risen from £30 to £40 per ton. Meat, is 6d. per lb. ; bread, 7id. do.; bacon, 2s. do.; potatoes, 12s. per cwt.; eggs, 6d. each ; sugar and tea reasonable. Gold is still plentiful at the diggings, but there are thousands who don't clear their expenses, while others make fortunes in a few weeks. The passage in the steamer from the ship to Melbourne is 4s. ; if you have a box, ss. for freight and wharfage, and 6s. for carting it to the store, and Is. 6d. per week for storage. Every thing must be paid in advance ; every meal you take costs 2s. at the lowest, and 2s. for a bed; a horse costs for stabling 12s. per night provided with hay only. Carriage to the diggings £6 per cwt. We' hear of robberies and murders, but nothing daunts us, as we console ourselves by''hoping that a bad beginning will end well. Notwithstanding the high rate of wages every body seems inclined for the diggings rather than work in town."

We regret to notice the wreck of the Henrietta, on the 27th ult., on her passage from' Nelson to Wellington. We have no space this week for particulars of the event.